In a significant judgment delivered on *21st May 2026, a Division Bench of the Kerala High Court comprising *Dr. Justice A.K. Jayasankaran Nambiar and Justice Preeta A.K. dismissed Writ Appeal No. 1090 of 2026, thereby upholding the judgment dated 10.04.2026 passed by the learned Single Judge in W.P.(C) No. 12792 of 2026. The appeal was filed by the children of a deceased woman challenging the retention and proposed use of their mother’s body for anatomical and educational purposes at the Government Medical College Hospital, Kalamassery.
The appellants, along with certain other siblings, are the legal heirs of late Mary, who passed away on 23rd February 2026. According to the appellants, some family members (respondents 5 to 7), without informing them or obtaining their consent, took custody of the body on the day of death and handed it over to the Medical College authorities, claiming it was being donated for medical education. The appellants approached the Court seeking a writ of mandamus for the release of the body to enable them to perform the last rites and burial in accordance with their religious customs.
The contesting respondents contended that the deceased had, during her lifetime, executed a written consent under Section 4A of the Kerala Anatomy Act, 1957, expressing her unequivocal desire to donate her body for anatomical dissection and educational purposes. This consent was given in the presence of two of her children and was accepted by the Medical College authorities. It was further submitted that the deceased and her husband had been looked after primarily by their eldest daughter and son-in-law, and that family disputes had existed among the siblings.
The Division Bench, agreeing with the findings of the learned Single Judge, held that the deceased had made an unequivocal expression of her wish through Ext.R5(a), a consent document executed during her lifetime. The Court observed that the appellants had not challenged the genuineness or credibility of this document. Consequently, the donation of the body to the Medical College was lawful and in accordance with the provisions of the Kerala Anatomy Act.
The Bench elaborated on the deeper legal principles involved, describing the dispute as reflecting two competing rights — the right to posthumous bodily integrity of the deceased and the right of the family members to closure through traditional burial rites. Referring to Salmond on Jurisprudence, the Court noted that while legal personality generally ceases at death, the law continues to recognise and protect certain interests of the deceased, particularly concerning the treatment of their body. It observed that a living person’s right to decide the fate of their body after death forms an essential part of their posthumous bodily integrity.
The Court further highlighted that the law strives to honour the wishes of the deceased, as evidenced by the legal recognition of wills and provisions in statutes such as the *Transplantation of Human Organs Act, 1994, and the *Kerala Anatomy Act. Section 4A of the latter Act specifically permits the use of a body for anatomical purposes when the deceased has expressed such a request during their lifetime, subject to the conditions laid down therein.
The Bench held that the mere desire of the appellants (who are also legal heirs) to conduct religious burial rites cannot override the explicit and unequivocal intention expressed by the deceased in writing. Since the authenticity of the consent document was not disputed, the action taken by the respondents in handing over the body to the Medical College was found to be lawful and in consonance with the deceased’s wishes.
Accordingly, the Division Bench found no illegality in the retention and proposed use of the body for anatomical and educational purposes. The Writ Appeal was dismissed, with no order as to costs. The judgment reinforces the principle that a person’s autonomous decision regarding their body after death deserves legal protection and respect, even when it conflicts with the preferences of surviving family members.
Case Title: Greeny Tomy & Ors. v. State of Kerala & Ors.
Case Number: WA No. 1090 of 2026
Court: Kerala High Court, Ernakulam
Date of Judgment: 21st May 2026
Coram: Dr. Justice A.K. Jayasankaran Nambiar & Justice Preeta A.K.
Click HERE for full Judgment.
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